Category Archives: Workers’ Compensation

The Role Workers’ Compensation Plays in the Amtrak Train 188 Derailment

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Our sympathies go out to all of the friends and families of the victims of Tuesday’s Amtrak passenger train derailment in Philadelphia, as well as a wish for the recovery of those injured. The latest news reports indicate that, as of Friday morning, the crash has left at least eight dead and more than 200 injured. 

In reading some of the profiles of those fatally injured in the crash, I have thought about how the families of these victims move forward now. There has been a lot of discussion of the role of Amtrak’s negligence, train safety in the United States, and the engineer responsible for driving the train, but little has been mentioned of the role of the employers of the victims, some of whom were traveling to or from work or on work-related business. Some of these employers may be responsible for providing workers’ compensation benefits, and some may not. Of the eight fatalities, one individual was reportedly headed home following work-related meetings in Washington, D.C. Another was reportedly commuting home to New York from her job in Philadelphia. Although the circumstances appear similar, Nebraska and other states’ workers’ compensation law would likely treat these two claims very differently. 

Nebraska follows a going to and from work rule, which states that accidents occurring in the course of a worker’s travel are generally deemed not to be compensable when the worker is “going or coming” from his or her place of employment. This rule essentially finds that a worker’s daily commute is not covered by workers’ compensation. This travel time is not considered to be within the course and scope of employment. It is likely that the crash victim who was commuting home to New York and her family would not be eligible for workers’ compensation benefits.

One of the exceptions to the going to and from work rule is the “commercial traveler” rule. This rule essentially provides that, if a claimant must be required to travel in the performance of his or her duties and be on the employer’s business during travel, they are generally within the course and scope of their employment from the time they leave home until they return. Some exceptions may arise if it is determined that the employer’s interest was merely incidental, but generally those workers traveling on business, like the crash victim who was reportedly returning home from work-related meetings, should be covered by workers’ compensation.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workers' Compensation, Workplace Injury, Workplace Safety and tagged , , , , .

Safety, Workers’ Compensation Rights Are Concern in Many States

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Here is another sad round in the endless battle to preserve human rights against bigger profits.

On May 5, the Illinois House of Representatives met as the “committee as a whole” and heard testimony from an injured Oklahoma worker who had been devastated by cost- and benefit-cutting “reforms” similar to measures the governor of Illinois wants to impose on Illinois workers.

The article about this extraordinary event is important. One victim of losing long-held rights to compensation stood before a legislature of another state, educating them on what really happens to injured workers as a result of “reform.”

Fair workers’ compensation benefits are a fundamental human right. Human beings and their loved ones suffer with each takeaway, while CEOs are paid outrageous sums to increase profits. Injured Oklahoman John Coffell described exactly how he and his loved ones were affected.

“Coffell told the legislators that after injuring a disc in his back last summer, his pay dropped dramatically because Oklahoma had reduced the maximum wage-replacement benefits injured workers could receive from $801 a week to $561 a week.

“Almost immediately, he said, his utilities were cut off, his truck was repossessed and his family was evicted from their rental home. Because no relative could accommodate all of them, Coffell sent his three children, aged 5 to 9, to live with grandparents. He and his wife only had enough gas money to see them on weekends. They’ve had to rely on food stamps to get by.”

Because of his state’s workers’ compensation “reform,” Coffell’s children only got to see their parents on weekends.

Others who were affected by workers’ compensations in two different states – Illinois and Indiana – also painted the stark reality of how harsh a system can be at the hearing in Illinois. The contrast was obvious. “Laurie Summers — an Illinois nurse who dislocated her shoulder lifting a patient at a hospital in Indiana — said she had to drain her retirement savings and fight to get surgery.” But “Christine Fuller — who lived in Indiana, but whose father died from falling off a roof on a job in Illinois — said the survivor benefits she received from workers’ comp helped pay the mortgage and put her through college and graduate school.”

This testimony and hearing demonstrates that workers and their allies are gaining strength and finding new ways to fight the never-ending efforts to reduce costs, increase profits, and improve the business climate. These tactics frequently and all-to-often sacrifice workers’ safety and the safety net that is workers’ compensation.

This unusual event also shows that even though workers’ compensation programs are run at the state level, workers’ compensation “reforms” don’t happen in a vacuum. Businesses may tout the alleged advantages they get over other states by pushing these reforms through state legislatures. But a worker like Coffell from Oklahoma pushed back against the Illinois legislation, even though it didn’t directly affect him. He showed the struggle that a worker often has, regardless of the state where he or she was injured, to get workers’ compensation benefits, especially in states focused on “reform.”

“The ProPublica and NPR series has led to bills to raise benefits in Alabama and prevent medical care from being cut off in California. Officials have also warned insurers in California not to abuse the process and have launched an audit of how one insurer handled a claim in which a paraplegic’s home health care was terminated,” according to the recent ProPublica article about the Illinois hearing.

All concerned about the human rights of injured workers must keep working to find better, stronger and more effective ways to protect these human rights. Because a state’s business climate should not be more important than workers’ rights, safety and dignity.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Government, Legislation, Workers' Compensation and tagged , , , , .

Death on the Job Annual Report from AFL-CIO Informative, Useful

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workplace death graphicThe AFL-CIO’s annual report about “the state of safety and health protections for America’s workers” has been written about in a previous year on this blog. The recently released 2015 version focuses in an in-depth manner on data from 2013 and includes around 200 pages of text, tables, details and information, along with a bit of jargon.

The report is extremely informative, and Nebraska and Iowa’s numbers will be examined in more detail in future blog posts, as these are states where the firm’s attorneys are licensed.

The report can also feel overwhelming once a person processes through the fact the each numeral on each chart represents the death of one person due to the workplace. There is also a ripple effect, as each person represented here had loved ones who both cared about and relied on that person. And for many involved, their lives changed drastically when their loved one died.

I appreciate the work, funding, thoughtfulness and effort put into compiling and analyzing the data, which includes a methodology section at the end of the report.

Here’s some sobering information from the summary.

“In 2013, 4,585 workers were killed on the job in the United States, and an estimated 50,000 died from occupational diseases, resulting in a loss of 150 workers each day from hazardous working conditions.

“Nearly 3.8 million work-related injuries and illnesses were reported, but many injuries are not reported. The true toll is likely two to three times greater, or 7.6 million to 11.4 million injuries each year.”

States with the highest fatality rate in the nation include a couple of relative neighbors: North Dakota and Wyoming. West Virginia, Alaska and New Mexico round out the top five. Lowest state fatality rates in 2013 were Hawaii, Washington, Connecticut and Massachusetts (tied) and New York and Rhode Island (tied).

Please contact an experienced workers’ compensation lawyer if you or a loved one is hurt on the job or has questions about job safety.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in AFL-CIO, Workers' Compensation, Workplace Injury and tagged , .

Workers Can’t Wait to Cash In?

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Worplace-Safety-Workers-Compensation-Worker-Injury-ConstructionIt’s not uncommon in the workers’ compensation arena that we hear allegations of malingering or workers being hurt on purpose to reap the monetary rewards of a work injury. Some employers refuse to settle a case as long as the worker is still employed by the company, fearing a large monetary settlement will encourage other workers to get injured.  The limited benefits of a workers’ compensation claim make these assertions ridiculous.  Specifically, no benefits are paid for the pain and suffering.  Additionally, the reality is that many states compensate a permanent injury for only a matter of weeks or years.  The worker and his or her family are left to deal with the ongoing effects of these injuries for the balance of their lifetime.

The Insurance Journal listed the top 10 leading causes “of serious, nonfatal workplace injuries” from “2012 claims data for injuries lasting six or more days and ranked the injuries by total workers’ compensation costs,” according to a recent article.

Not surprisingly, horseplay or purposefully getting injured was not among them. In fact, the leading cause of workplace injuries is ironically enough – overexertion! Overexertion and other exertion-related injuries made up almost a third of all workplace injuries. So much for the theory of money-hungry workers playing around or purposefully getting injured. Falls comprise two of the top 10 leading causes of workplace injuries, making up a total of just over 24 percent of all injuries.  Being struck by or striking objects combined for around 15 percent. Motor vehicle accidents (5.3 percent) and repetitive movements (3.1 percent) round out the top 10 list. The full list is detailed below. In total, the 10 most common work injuries accounted for almost 84 percent of all injuries.

  1. Overexertion 25.3 percent
  2. Falls on same level 15.4 percent
  3. Struck by object or equipment 8.9 percent
  4. Falls to lower level 8.6 percent
  5. Other exertions or bodily reactions 7.2 percent
  6. Roadway incidents 5.3 percent
  7. Slip or trip without fall 3.6 percent
  8. Caught in or by equipment or objects 3.5 percent
  9. Repetitive motions 3.1 percent
  10. Struck against object or equipment 2.9 percent

The Occupational Safety and Health Administration (OSHA) reports that workplace deaths have decreased from 38 per day in 1970 to 12 per day in 2012, according to the article. Additionally, OSHA reports occupational injury and illness rates have declined 67 percent since 1970, all while employment has almost doubled.

Despite these accomplishments, insurance companies and large employers continue to lobby state legislatures about the injustice and cost of workers’ compensation benefits. In reality, workers and their families continue to bear the real burdens of workplace injuries.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Disability, employer fraud, fighting fraud, Fraud, Work Injury, Workers' Compensation, Workplace Injury, Workplace Safety and tagged , .

Improving Workers’ Compensation for Workers: Another View

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There’s a lot to debate and digest in the recent NPR/ProPublica workers’ compensation series. The Center for Effective Government has published an analysis that adds to the discussion. The piece’s catchy title is Six Charts Explain How Workers’ Compensation is Deteriorating. It points to evidence that supports the need for change that protects workers, rather than reducing business costs.

The article points out: 

  • The amount employers pay into workers’ compensation programs is at historic lows.
  • Workers’ comp is not burdening business.
  • The costs of workplace injuries and illness have shifted to workers.

I don’t agree with the author’s recommendations for improving workers’ compensation (federal preemption) but am convinced that the evidence is strongly on the side of ending the current spate of “cost reduction aka profit enhancement” proposals that show up in state legislatures annually. We should be focusing on improving the system for workers and reducing the human and economic costs for injured workers and their families.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Government, Legislation, Workers' Compensation and tagged , , , , .

Is Your Job Causing Asthma or Making It Worse?

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The spring allergy season that also causes asthma concerns is upon us, and this is especially evident in the Great Plains, where the wind blows dust and pollen throughout most days. 

A recent study from the Centers for Disease Control and Prevention (CDC) showed that 16 percent of American adults had asthma that was either caused or aggravated by conditions at work. According to the National Institutes of Health, workers who are regularly exposed to chemicals and dust, such as millers, bakers, woodworkers and farm workers, are most vulnerable to work-related asthma. The Asthma and Allergy Foundation of America states that adults lose 14 million work days per year because of asthma. 

In terms of Nebraska, this means that approximately 134,400 days of work are missed in Nebraska due to work-related asthma. In Iowa, that number is closer to 224,000 days of work that are missed because of work-related asthma. This is an estimate of missed days nationwide in proportion to the population of the states. 

Workers should make sure their employers are providing safety equipment that protects against respiratory injury. Employees should make sure they are carrying inhalers in the workplace if they have been prescribed them by a doctor for asthma. 

But if a worker suspects their work is causing breathing problems or making pre-existing asthma worse, they should report that as a workers’ compensation injury and seek treatment with a specialist in treating breathing conditions. Medical bills for treating asthma should be covered like any other work injury, and any lost time because of work-related asthma should entitle an employee to temporary disability for lost time and permanent disability for permanent breathing problems. 

Work-related asthma would also be a disability under the Americans with Disabilities Act (ADA) and under similar state laws. Further, an employee has protection against retaliation under most states’ laws, including Nebraska and Iowa, as well as under federal law, for reporting work conditions that cause asthma and/or from claiming workers’ compensation benefits for work-related asthma.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workers' Compensation, Workplace Injury, Workplace Safety and tagged , , , , .

Here’s the Reality of Workers’ Compensation, the ADA, and Going Back to Work

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As shown by a recent post from LexisNexis Legal Newsroom, workers’ compensation insurers and employers are finally starting to understand the Americans with Disabilities Act (ADA). Hopefully the days of employers firing employees after their 12-week FMLA leave when the employee can’t come back to work “full duty” and/or “with no restrictions” are behind us. But just because most employers and workers’ compensation insurers are now complying with basic requirements, doesn’t mean that injured workers will be able to successfully defend their rights under the ADA and their ability to maintain employment.

Employers and insurers understand the importance of the “interactive process” and how it should involve the employee and the employer. But this is too simple. The process involves a doctor who may or may not know the employer’s true job restrictions. The insurer/employer can also be represented by a nurse case manager who is familiar with medical terminology, practice and might even have a pre-existing relationship with the doctor. That nurse case manager could also be in communication with an employer and have an idea of a job that the employee can be placed into.

In this situation, the employee is at a disadvantage. The employee usually doesn’t understand medical terminology or know the doctor. In addition, an employee probably won’t have a job description to present to the doctor so they will be at a disadvantage in return to work. This situation can be made worse if an employee appears to a doctor as if they don’t want to go back to work.

So what can an employee do?

1. Ask for actual copies of job descriptions. This way an employee is armed with the facts about the job. Furthermore, they can tell the doctor if the job description is accurate. Assuming the employee is credible in what they tell the doctor, they will have more basis than a nurse case manager in being able to describe the job.

Next, an employer has an obligation to engage in a “good faith interactive process.” If management decides that they won’t give out written job descriptions to injured workers who request them for the purpose of determining work restrictions, then that would be evidence of bad faith on the part of the employer.

2. If you can, pick your own doctor or surgeon. Unfortunately, some doctors are generally unwilling to give injured workers a fair break and can be way too cooperative with insurers or major employers. In Nebraska, employees can pick their own treating doctor and can pick their surgeon even if they give up their initial right to pick their doctor. Exercising doctor choice at least gives employees some control over their medical care and it makes it more likely that they will find a doctor who will be cooperative in regards to the ADA.

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in employment law, Workers' Compensation and tagged , , , , .

Nebraska Legislature Should Act on Medical Marijuana Bills

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A columnist in one of our local newspapers, the Lincoln (Nebraska) Journal Star, recently wrote a feature story about the experience that one couple had with traveling to Colorado for medical marijuana to deal with Christy Gibson’s pain from “CRPS, a chronic pain syndrome that made her leg feel like it was plunged in ice or stuck in scalding water.”

Gibson told columnist Cindy Lange-Kubick about what happened to her when she used medical marijuana.

“I tried various strains of cannabis, in various forms,” she wrote. “And. It. Worked. It not only managed my pain, it allowed me to FUNCTION; I could manage my pain without being in a pharmaceutically induced, drugged-out zombie state.”

Because of her positive experiences with medical marijuana in Colorado, Gibson has written her state senators about LB643, a bill from Sen. Tommy Garrett that would legalize medical cannabis.

According to Lange-Kubick’s article, however, “the bill is stuck in committee.” It is helpful that Lange-Kubick wrote the article to bring additional light to one of the issues that affects real people on a daily basis: treating chronic pain through medical marijuana.

CRPS (Complex Regional Pain Syndrome) is a very real diagnosis for many injured workers. It is promising to read about Gibson’s success managing her pain. Her success is a great illustration of how medical marijuana works for a very “Nebraska Nice” citizen in her struggle with chronic pain.

The firm’s lawyers represent literally hundreds of workers who are injured on the job. Chronic intractable pain such as CRPS is becoming more common, while at the same time, efforts that limit traditional pain medication are hot topics in the legislative arena nationwide.

As I wrote in a recent blog post, I would encourage the Legislature to keep moving forward on both Sen. Garrett’s priority bill and also a priority bill from Sen. Sue Crawford, LB390, that advocates for marijuana-related research at the University of Nebraska Medical Center (UNMC). “The pilot program would give patients who suffer from severe, untreatable or treatment-resistant epileptic seizures access to low-THC cannabidiol oil for the purpose of the study,” according to an article earlier this year in the Daily Nebraskan, the University of Nebraska-Lincoln’s independent student newspaper.

That way, Gibson and other Nebraska citizens in chronic pain, as well as those suffering from epileptic seizures that disrupt lives, wouldn’t have to travel great distances for well-deserved relief. Over the years, I have observed that seeing loved ones in pain rightly affects and challenges that person’s family and friends, so any steps that can be taken to alleviate this pain are positive.

I urge the legislature to act on and pass both of these bills, and I wish Gibson, and others who suffer, the best in their journey to control their pain.   

The offices of Rehm, Bennett & Moore and Trucker Lawyers are located in Lincoln and Omaha, Nebraska. Six attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 90 years of practice representing injured workers and truck drivers in Nebraska and Iowa in state-specific workers’ compensation systems. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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